Russian Legal System and Legal Tradition

2021/2022

Учебный год

ENG

Обучение ведется на английском языке

6

Кредиты

Кто читает:

Департамент теории права и сравнительного правоведения

Статус:

Курс по выбору

Когда читается:

2-й курс, 4 модуль

Преподаватель

Соболева Анита Карловна

Course Syllabus

Abstract

The course provides an introduction to Russian law and legal system in context. It starts with a brief history of the constitution-making process and describes the difficulties of rebuilding the legal system during the country’s transfer from ‘socialist’ legal order to democracy and the rule of law. It further describes the main characteristics of Russia’s system of constitutional, administrative, civil, criminal and procedural law. The main emphasis is made on the overview of the sources of Russian law and their hierarchy, analysis of relevant legal concepts and judicial practice, including the case law of the Constitutional Court. The course pays special attention to such issues as federalism, separation of powers, Presidency, role of courts, legal profession, individual rights, legal regulation of entrepreneurial activities, civil and Arbitrazh procedure, new developments in criminal law, death penalty regulation, jury trails, and the main points of disagreement between the Russian Constitutional Court and the European Court of Human Rights in their judicial practice on the same or similar cases.

Learning Objectives

• to obtain introductory knowledge about contemporary Russian law and legal system;
• to get understanding how the Russian law works in context and correlates with other legal systems;
• to gain skills in searching and analyzing the sources of Russian law available in English;
• to develop the capacity to analyze Russian legislation and case law;

Expected Learning Outcomes

• Students must gain knowledge on: - the distinctive features of the Russian legal system and of the main branches of Russian law; - the system of government and judicial system in their development since 1993 up to the present moment; - the main characteristics of the Russian federalism;
• Students must gain knowledge on: - the most significant decisions of the Constitutional Court; - the peculiarities of Russian legal order, legal culture and legal consciousness; - the system of professional legal training in Russia;
• Students must gain skills and abilities: - to read academic works about Russian law and to summarize their content accurately; - to find Russian legal judicial and governmental resources in English accessible through the Internet; - to analyze basic concepts underlying the main branches of Russian substantive and procedural law;
• Students should gain the following competences: - to correctly use the legal terminology and understand legal concepts; - to analyze critically the academic literature and other sources for legal research in the area of the Russian law; - to work with information (search, evaluate, use information, necessary for fulfilment of scientific and professional tasks, from various sources, including application of the systematic approach);

Course Contents

• Introduction to the course. Russian Law in comparative perspective.
• Sources of Russian law and their hierarchy.
• Federalism. Division of powers between the federation and the regions.
• Separation of Powers. Russian Presidency.
• The executive branch. The Federal Assembly.
• Election law and the electoral system.
• Judicial system. The Constitutional Court
• Russian Civil law (other than copy-rights law, intellectual property and inheritance). Property rights.
• Criminal law
• Russian Administrative Law. Code of Administrative Offenses. Code of Administrative Procedure.

Assessment Elements

• Attendance and participation in class discussions
• Team presentation
• Essay
• Written assignment

Interim Assessment

• 2021/2022 4th module
  0.2 * Essay + 0.4 * Written assignment + 0.3 * Attendance and participation in class discussions + 0.1 * Team presentation

Bibliography

Recommended Core Bibliography

• Elena Lukyanova. (2015). On the Rule of Law in the Context of Russian Foreign Policy. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.C236B131
• Esakov, G. (2012). The Russian Criminal Jury: Recent Developments, Practice, and Current Problems. American Journal of Comparative Law, 60(3), 665–702. https://doi.org/10.5131/AJCL.2011.0031

Recommended Additional Bibliography

• Pomorski, S. (1998). Reforming Justice in Russia, 1864–1996: Power, Culture, and the Limits of Legal Order. Edited by Solomon Peter H. Jr. Armonk, NY, and London: M. E. Sharpe, 1997. 406p. $82.95. American Political Science Review, (02), 493. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.a.cup.apsrev.v92y1998i02p493.494.21
• Thorson, C., & Palgrave Connect (Online service). (2012). Politics, Judicial Review, and the Russian Constitutional Court. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=439235